M.Abiramji v. The Labour Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.18634 of 2025 and W.M.P.(MD)No.14291 of 2025 M.Abiramji : Petitioner Vs.
1.The Labour Commissioner, Labour Welfare and Skill Development Department, Chennai.
2.The Assistant Commissioner, Labour Welfare and Skill Development Department, Madurai.
3.The Assistant Commissioner, Labour Welfare and Skill Development Department, Virudhunagar.
4.The Stamp Inspector, Labour Welfare and Skill Development Department, Virudhunagar.
: Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 3rd respondent in 1/5
Na.Ka.No.A/683/2017 dated 00.07.2023 and quash the same and consequently direct 1 to 3 respondents to appoint the petitioner in the suitable post on the compassionate ground.
For Petitioner : Mr.K.Navaneetharaja For Respondents : Mr.K.Balasubramani Special Government Pleader
ORDER
Challenging the order rejecting the application of the petitioner seeking compassionate appointment, the present Writ Petition is filed. 2.The father of the petitioner was employed as watchman in the fourth respondent office. While he was in service, he died in harness on 21.05.2016. The petitioner, his mother and his two sisters are legal heirs of the petitioner's deceased father. At the time of death of the petitioner's father, the petitioner was minor, thereby the petitioner's mother made an application seeking compassionate appointment and the said application is kept pending for consideration. Thereafter, the petitioner attained majority and the other legal heirs have submitted their no objection for making alternative application by the petitioner for compassionate appointment. Thereby, the petitioner made an alternative 2/5
application on 04.01.2021. However, the said application was rejected vide order dated Nill.07.2023 on the ground that the alternative application is impermissible and the application is made after a period of three years. Challenging the same, this Writ Petition is filed. 3.The learned counsel for the petitioner fairly submits that the petitioner's mother's application was made well within the prescribed time. Hence, the application of the petitioner's mother shall be considered.
4.Considering the limited request made by the petitioner, this court without interfering with the order impugned in this writ petition, directs the respondent concerned to consider the application made by the petitioner's mother dated Nill. February, 2017 and pass appropriate orders on merits and in accordance with law. If the respondents are not possessed the application submitted by the petitioner's mother, they may call upon the petitioner's mother to resubmit the application and then pass appropriate orders within a period of one week from the date of 3/5
receipt of a copy of this order strictly in terms of the applicable Government Orders.
5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 12.08.2025 Index : Yes / No NCC : Yes / No ta To:- 1.The Labour Commissioner, Labour Welfare and Skill Development Department, Chennai.
2.The Assistant Commissioner, Labour Welfare and Skill Development Department, Madurai.
3.The Assistant Commissioner, Labour Welfare and Skill Development Department, Virudhunagar.
4.The Stamp Inspector, Labour Welfare and Skill Development Department, Virudhunagar.
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M.DHANDAPANI, J.
ta W.P.(MD) No.18634 of 2025 12.08.2025 5/5